Electricity

Electricity Feed-in Industry Code

The Commission has determined an industry code, the Electricity Feed-in Code, under section 59 of the Utilities Act 2000.

The code sets out practices and standards for the operation of the scheme for feed-in from renewable energy generators to the electricity network established under the Electricity Feed-in (Renewable Energy Premium) Act 2008.  Electricity distributors and suppliers are required to comply with the code.

Matters covered include information that must be provided by electricity suppliers to occupiers of premises, dispute resolution, reporting to the Commission, and the applicability of provisions of the Consumer Protection Code to the feed-in scheme.

The Commission released a draft code on 23 January 2009, and invited submissions on the draft code by 23 February 2009.  The draft Electricity Feed-in Code (January 2009) and an accompanying information paper, the submissions received, the determined Electricity Feed-in Code (27 February 2009), and the Commission's letter to stakeholders setting out its considerations in finalising the Code are available below.

Submissions

• Submission 1 (27 January 2009) JHaiblen
• Submission 2 (20 February 2009) TRUenergy (  )
• Submission 3 (20 February 2009) GHutchison (  )
• Submission 4 (23 February 2009) Origin Energy (  )
• Submission 5 (24 February 2009) ActewAGL (  )

Copies of these documents are also available on request from the Commission's offices at Level 2, 12 Moore Street, Civic (telephone 6205 0799). 

Feed-in Tariff Discussion Paper – Commission Comments

5 March 2008

In December 2007, the ACT Government issued a Discussion Paper on the possible model and operation of a feed-in tariff (FiT) arrangement. A copy of the Commission’s comments on the Discussion Paper is below.

• ICRC Submission - Feed-in Tariff (  )  

Retail Prices for Non-contestable Electricity Customers 2008-09

18 July 2008

On 7 February 2008, the Attorney-General, Simon Corbell MLA, referred the provision of a price direction for the supply of electricity to franchise customers to the Commission. The direction, issued under the Independent Competition and Regulatory Commission Act 1997 is for the period 1 July 2008 to 30 June 2009.

On 23 April 2008, the Commission released a draft decision that proposes a regulated maximum tariff for the supply of electricity to customers on standard (non-negotiated) customer contracts for the 2008-09 year.  Written submissions on the draft decision closed 23 May 2008.  Submissions received are posted here.

On 20 June 2008, the Commission released the Final Report and Price Direction on Retail Prices for Non-contestable Electricity Customers in the ACT for the period 1 July 2008 to 30 June 2009.  The 'transitional franchise tariff' (TFT) is a regulated retail tariff for customers who choose not to move to a negotiated contract offered by the incumbent retailer, ActewAGL Retail, or by a competing retailer.  The Commission approved a 7.11% increase in the annual average transitional franchise tariff price cap.

The full report is now available.

• Report 4 of 2008: Final Decision and Price Direction - Retail Prices for Non-contestable Electricity Customers (June 2008) (  )
• Media Release_TFT Final Decision_20-06-08 (  )
• Report 2 of 2008: Draft Decision - Retail Prices for Non-Contestable Electricity Customers (April 2008) (  ) 
• Media Release_TFT Draft Decision_24-04-08  (  )
• Media Release Tables_TFT Draft Decision_23-04-08  (  )
• Submission 1_TruEnergy_TFT Draft Decision 22-05-08  (  )
• Submission 2_AGL_TFT Draft Decision 23-05-08  (  )
• Submission 3_ActewAGL_TFT_Draft Decision 23-05-08  (  )
• Submission 4_ESCC_TFT_Draft Decision 27-05-08  (  )
• Submission 5_DHCS_TFT Draft Decision 29-05-08 (  )

Electricity Network Use of System Code

1 October 2007

The Commission approved variations to the Electricity Network Use of System Code (the Code) on 31 August 2007. The Code, which requires electricity distribution and suppliers to enter into use of system agreements with each other, has been amended to provide for a default agreement that will apply if agreement cannot be reached.

The Code commenced on 1 October 2007. The default agreement applies to all suppliers who currently do not have an agreement with ActewAGL Distribution, taking immediate effect if the supplier has customers in the ACT and if the supplier currently does not have customers in the ACT, from the date that they become financially responsible for a customer connection point.

• Electricity Network Use of System Code (October 2007) (  )   

Electricity Network Capital Contributions Code 

20 August 2007

The Utilities Act 2000 requires that capital contribution charges payable by customers for the development or augmentation of utility networks must be in accordance with the relevant industry code. ActewAGL Distribution has submitted to the Commission draft codes, which outline the principles and procedures by which the gas distributor and the electricity distributor may impose capital contribution charges.

On 16 June 2007 the Commission posted a Notice on its website and published a notice in The Canberra Times inviting interested parties to make submissions on the Draft Code. Submissions closed on 20 July 2007.

The Commission did not receive any submissions on the Draft Code.

On the 14 August 2007 the Commission made the attached Code, which was Notified on the ACT Legislation Register on 20 August 2007.

• Electricity Network Capital Contributions Code (August 2007) (  )

Retail Prices for Non-contestable Electricity Customers 2007-08 

15 June 2007

The Commission received a reference from the ACT Attorney General instructing it to provide a regulated tariff for franchise, or small electricity customers, for the period from 1 July 2007 to 30 June 2008. In response the Commission has released its Draft Decision and Media Release on its investigation of retail prices for non-contestable electricity customers. 

Copies of the Draft Decision, Submissions received, and the Final Report and Decision released on 15 June 2007 are available below:

• Report 7 of 2007: Final Decision Retail Prices for Non-contestable Electricity Customers (June 2007) (  )
• Media Release_TFT Final Decision_15-06-07 (  )
• Report 6 of 2007: Draft Decision Retail Prices for Non-contestable Electricity Customers (May 2007) (  )
• Media Release_TFT Draft Decision_14-03-07 (  )
• Submission_ESCC (1 June 2007)  (  )
• Submission_Care Financial Counselling Service (7 June 2007) (  )
• Submission_ActewAGL (June 2007) (  )

Proposed Amendment to the 2004 Electricity Distribution Price Direction 

27 April 2007

The Independent Competition and Regulatory Commission is proposing to amend its 2004 Price Direction regarding ActewAGL Distribution electricity distribution network. The proposed amendment is in response to the introduction of Utilities (Network Facilities Tax) Act 2006 introduced by the ACT Legislative Assembly, which introduced the network facilities tax (NFT). The NFT is a tax levied upon utilities in the ACT on the basis of the length of their network, and applies to ActewAGL’s electricity distribution network.

The NFT cannot be passed through under the pass-through provisions contained in the 2004 price direction as the wording of the direction limits the pass-through of a change in taxes to only Commonwealth taxes. The proposed amendment will give the Commission the ability to consider whether it should allow ActewAGL to recover costs incurred as a result of a change in taxes imposed by state or territory governments.

The draft decision and media release are available below:

• Report 2 of 2007: Draft Decision - Electricity Distribution Services -Proposed Amendment to the 2004 Price Direction (March 2007) (  )
• Media Release (14 March 2007) (  )

The Commission has received the following Submissions on the Draft Decision:

• ActewAGL Retail (24 April 2007) (  )
• ActewAGL Distribution (April 2007) (  )
• ESCC (19 April 2007) (  )
• AER (18 April 2007) (  )
• Care Financial Counselling Service (April 2007) (  )

The Commission released the Final Decision on 27 April 2007.  In its Final Decision the Commission has accepted the proposed amendment as described in the draft Decision. The submission the Commission received all support the proposed amendment, recognising the need to avoid large price increases in 2007 and reflecting the desire that prices remain cost reflective.

• Report 4 of 2007: Final Decision - Electricity Distribution Services - Proposed Amendment to the 2004 Price Direction (April 2007) (  )
• Media Release (27 April 2007) (  )

Final Report - Retail Prices for Non-contestable Electricity Customers 2006-07   

The Commission has been required by the ACT Government to develop an appropriate framework to regulate greenfield electricity infrastructure developments - that is, the price paid by developers or customers for new electricity distribution assets and connection to the network.

The Commission has released its Final Decision (  ) and associated Media Release (  ) on the most appropriate form of regulation to apply. The final decision is based on submissions received on the Draft Decision (  ) and Issues Paper (  ) and the Commission's own analysis. 

• ActewAGL Submission on the Draft Decision (  )

Report 15 of 2005: ACT Review of Metrology Procedures

The Commission has released its Final Decision  (  ) on its review of metrology procedures in the ACT.  Refer: Media Release (  )

Prior to the release of Final Decision, the Commission released a Draft Decision (  ) and associated Media Release (  ) as well as an Issues Paper. (  ) in February 2005.

Submissions on the Draft Decision and Issues Paper can be found on the Energy - Electricity Webpage

The Commission received a reference from the ACT Treasurer instructing it to investigate the need for the continued existence of a regulated tariff for franchise, or small electricity customers. If it is found that there is a need to continue the regulated tariff, the Commission is to provide a price direction and recommend the duration for which it is to apply.

The Commission has released an issues paper and is seeking comments from interested parties on whether there is a continuing need for a regulated tariff for franchise customers and, if so, how best to calculate the tariff and for how long it should apply.

• Report 12 of 2005: Issues Paper - Retail Prices for Non-contestable Electricity Customers (November 2005) (  )
• Media Release (4 November 2005) (  )

The following submissions have been received in relation to the Commission's Draft Decision on Metrology Procedures:

• ActewAGL Distribution Submission (  )
• ActewAGL Retail Submission (  )
• AGL Retail Submission (  )
• Aurora Energy Submission (  )
• Deb Foskey MLA Submission (  )

The following submissions have been received in relation to the ACT Review of Metrology Procedures, February 2005.

• ActewAGL (  )
• ACT Council of Social Service Inc (  )
• Essential Services Consumer Council (  )
• Consumer Law Centre of the ACT (  )

For further information on the ACT inquiry please contact the Commission on (02) 6205 0799.

The Commission has received the ActewAGL Pricing Strategy Statement 2004/05 - 2008/09, incorporating the Annual Pricing Report 2004/05.

• ActewAGL Pricing Strategy Statement for Electricity Distribution Services (May 2004) (  )

On 28 April 2004, the Senior Commissioner released the above report.

• Final Report - Review of Contestable Electricity Infrastructure Works (April 2003) (  )
• Draft Report - Review of Contestable Electricity Infrastructure Works (December 2003) (  )
• Issues Paper - Electricity Infrastructure Contestability (October 2003) (  )

Submissions on Draft Report

• ActewAGL (January 2004) (  )

Submissions on Issues Paper

• Country Energy (November 2003) (  )
• Madison Constructions (November 2003) (  )
• Essential Services Consumer Council (October 2003) (  )
• NJ Construction Pty Ltd (November 2003) (  )
• ActewAGL (November 2003) (  )
• Master Builders Association (November 2003) (  )

The Commission, as the regulator of utility services for the ACT and the jurisdictional regulator for the ACT under the code, is conducting an investigation into prices for electricity distribution services provided by ActewAGL within the ACT. The investigation will allow for a decision on pricing to be issued for certain electricity distribution services to apply from 1 July 2004 to 30 June 2009 (the next regulatory period).

• Final Report - Investigation Into Prices for Electricity Distribution Services in the ACT (March 2004) (  )
• Draft Decision - Investigation Into Prices for Electricity Distribution Services in the ACT (November 2003) (  )
• Issues Paper - Investigation Into Prices for Electricity Services in the ACT (July 2003) (  )
• BRW Review of Expenditure, Demand Forecasts and Cost Attribution for the Electricity and Wastewater Services in the ACT (October 2003)(  )

Submissions on Draft Decision

• Joint House Department (December 2003) (  )
• Conservation Council of the South East Region and Canberra (December 2003) (  )
• ActewAGL (December 2003) (  )
• Supplementary Submission -  ActewAGL (February 2004) (  )

The Public Hearing on the Draft Report was held on Thursday, 5 February 2004. The transcript is as follows:

• Transcript: Public Hearing - Investigation Into Prices for Electricity Distribution Services in the ACT (  )

The National Electricity Code requires that the jurisdictional regulators review jointly the Metrology Procedures that have been implemented in each jurisdiction. The Draft Report, December 2003, was developed by the Jurisdictional Regulators in response to the submissions that were received to the Issues Paper, published in August 2003. The Final Report was released on 8 October 2004.

The following jurisdictions participated in the review: NSW (IPART), Victoria (ESC), Queensland (QCA), South Australia (ESCOSA), Tasmania (OTTER) and the ACT (ICRC). For contact information, please go to the State Regulators page.

For further information on the review please contact the Commission on  (02) 6205 0799.

• Final Report - Joint Jurisdictional Review of Metrology Procedures (October 2004) (  )
• Draft Report - Joint Jurisdictional Review of Metrology Procedures (December 2003) (  )
• Issues Paper - Joint Jurisdictional Review of Metrology Procedures (August 2003) (  )

Submissions on Draft Report

Submissions on the draft report of the review undertaken jointly by all National Electricity Market participants to determine the costs and benefits of type 5 and 6 meters and profiling are available on the Essential Services Commission (Victoria) website, which is the secretariat for the review. The documents may be accessed at http://www.esc.vic.gov.au/

Electricity network prices are determined for the ACT under the National Electricity Code (the Code). Part E of the Code specifies the methodology to be adopted in converting the revenue calculated in accordance with Part D of the Code into actual prices. Part E also provides for the jurisdictional regulator, the Independent Competition and Regulatory Commission in the ACT, to develop and implement an alternative pricing methodology.

• Draft Report - Investigation of an Alternative Pricing Methodology Under Part E of the National Electricity Code (September 2003) (  )
• Issues Paper - Investigation of an Alternative Pricing Methodology Under Part E of the National Electricity Code (May 2003) (  )

These guidelines apply to all electricity and gas suppliers licenced under the ACT Utilities Act 2000. The purpose of these guidelines is to provide more detailed implementation requirements to electricity and gas suppliers in order that they can meet their obligations under Clause 13.3 (1)(q) of the Consumer Protection Code. This clause deals with the disclosure on customers' accounts of the greenhouse gas emissions associated with the consumption of electricity and gas.

• Guidelines for Greenhouse Gas Disclosure on Customer Accounts (July 2003) (  )

Full Retail Contestability in electricity started in the ACT on 1 July 2003. Full Retail Contestability, or FRC, simply refers to the freedom to choose your electricity retailer. This means you are able to buy your electricity from the local retailer (ActewAGL Retail) or another electricity retailer. If consumers remain with ActewAGL they do so under the terms of the deemed Standard Customer Contract as a franchise customer or enter a negotiated contract. Negotiated contracts may offer financial and service benefits unavailable to franchise customers. These transitional arrangements will remain available for three years, during which a review will determine whether or not they need to continue.

• Final Determination - Investigation into Retail Prices for Non-contestable Electricity Customers in the ACT (May 2003) (  )
• Informed Choice - Which Electricity Retailer Is Best For Me? (  )

Last resort arrangements for electricity suppliers are set out in the following guidelines.  The Territory's supplier of last resort for electricity is ActewAGL Retail.

• Retailer of Last Resort Guidelines (December 2002) (  )

The Utilities Act 2000 establishes a framework for regulating the provision of electricity, gas and water and sewerage utilities in the ACT. For more information, go to the Utilities Licensing page.

In November 2000, the Utility Regulators Forum (URF) agreed that jurisdictional economic regulators, including the ICRC, would develop a core set of nationally consistent performance reporting requirements for the electricity industry. The Standing Committee on National Regulatory Reporting Requirements (SCONRRR) was established and concluded its work in early 2002. The performance reporting requirements developed by the standing committee cover both electricity distribution and electricity retail businesses. The report outlining these requirements, published in March 2002, is entitled “National Regulatory Reporting for Electricity Distribution and Retail Businesses, Utility Regulators Forum discussion paper” and can be accessed using the following link:

• http://www.accc.gov.au/content/index.phtml/itemId/332190/fromItemId/3894

Utilities licensed to provide electricity transmission, distribution and supply services under section 37 of the Utilities Act 2000 are listed on the Utilities Licensing page.

The Commission is the jurisdictional regulator and metrology coordinator for the ACT. As the metrology coordinator, the Commission is responsible for the design and approval of those metrology procedures that will apply to metering installation types 5,6 and 7.

The Commission's approved metrology procedures can be viewed at the following link:

• ACT Metrology Procedures - Types 5, 6 and 7 (  )

Utilities are required under their operating licences to comply with any applicable ring fencing guidelines. Failure to meet the guidelines therefore represents a contravention of licence conditions under section 47 of the Utilities Act 2000.  Ring fencing guidelines were agreed to by the Commissioners on 15 November 2002 and took effect immediately.

• Ring Fencing Guidelines for Gas and Electricity Network Service Operators in the ACT (November 2002) (  )

• Electricity Network Boundary Code (December 2000) (  )
• Electricity Customer Transfer Code (August 2004) (  ) 
• Prepayment Meter System Code (July 2006) (  )
• Consumer Protection Code (January 2007) (  )
• Electricity Network Capital Contributions Code (August 2007) (  )
• Electricity Network Use of System Code (October 2007) (  )     
• Electricity Feed-in Code (27 February 2009) (  ) 
• Consumer Protection Code (to commence 1 July 2009) (  )  

• Accreditation Code (August 2001) (  )
• Electricity Service and Installation Rules Code (December 2000) (  )   
• Electricity Distribution (Supply Standards) Code (December 2000) (  )
• Emergency Planning Code (March 2003 (  )
• Electricity Metering Code (August 2003) (  )
• Management of Electricity Network Assets Code (December 2000) (  )

• Information Paper - Investigation into Prices for Electricity and Water Services in the ACT (December 2002) (  )
• Investigation into ACTEW's Electricity, Water and Sewerage Charges for 1997/1998 (May 1997) (  )
• Investigation into ACTEW's Electricity, Water and Sewerage Charges for 1998/1999 - Price Direction (May 1998) (  )
• ACTEW's Electricity, Water and Sewerage Charges for 1999/2000 to 2003/2004 - Price Direction (May 1999) (  )